Podberesky v. Kirwan

38 F.3d 147 (1994)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
P
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Podberesky v. Kirwan

United States Court of Appeals for the Fourth Circuit
38 F.3d 147 (1994)

Facts

The University of Maryland at College Park (defendant) was a state-funded university that once operated a segregated campus. According to the university, the institution continued to have a poor reputation among the African American community. In addition, African American students were underrepresented in the university’s student body and had low retention and graduation rates. The campus was perceived by African American students as hostile. The university offered two separate merit-based scholarship programs. The first program, the Francis Scott Key program, was open to all students. The second program, the Banneker program, was open to African American students only and had less rigorous requirements than the Key program. Daniel Podberesky was not an African American but met all other qualifications for the Banneker scholarship program. Podberesky did not qualify for the Key scholarship program due to its more rigorous standards. Podberesky filed a lawsuit against the university. The district court granted summary judgment in favor of the university, finding that the Banneker program was narrowly tailored to remedy the effects of past segregation by the university. Podberesky appealed.

Rule of Law

Issue

Holding and Reasoning (Widener, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Education Law

Key Terms

Related Videos